White Dress For Sorority

Contratti pubblici a rischio di imparzialità

L'Autorità per la vigilanza sui contratti pubblici di lavori, servizi e forniture, come dice il nome, vigila sulla corretta applicazione della normativa sui contratti pubblici e sulle sue eventuali deroghe. Il decreto legislativo 12 aprile 2006, n. 163 (Codice dei contratti pubblici relativi a lavori, servizi e forniture), all'articolo 6, comma 7, lettera n), prevede che l'Autorità possa esprimere pareri non vincolanti relativamente a questioni insorte durante lo svolgimento delle procedure di gara, eventualmente formulando una ipotesi di soluzione.

In practice, before a public works contract, services and supplies suffer delays due to a cause or an arbitration, however, could cause additional costs for public administration itself, when the disputes arise, you can contact the Authority to ask for advice that will help the parties to discuss the matter and resolve the dispute. To submit the request using the form found on the Authority's website:

http://www.autoritalavoripubblici.it/portal/rest/jcr/repository/collaboration/Digital 20Assets/Pdf/ModuloIstanzaPrecontenzioso.pdf%.

Regulation of reference is the so-called New Regulation on the procedure for settling disputes within the meaning of 'art. 6, paragraph 7, letter n) of Legislative Decree 12 April 2006, No 163, which is located at:

http://www.autoritalavoripubblici.it/portal/public/classic/Autorita/RegolamentiDiFunzionamento/_NuovoRegPrecontenzioso/regolamento_precontenzioso

The Official Gazette No 113 of 17 May 2010 was instead published a regulation (Regulation on the investigation of legal questions ) governing the procedure for adopting optional legal advice, provided outside of the cases referred to above. They will therefore be subject to a procedure accettazone, which occurs through the expression of an opinion of relevance (therefore, if they are not relevant will not be taken into account).

The form for submitting an application can be found at:

http: / / www.autoritalavoripubblici.it / portal / rest / jcr / repository / collaboration / Digital 20Assets/Pdf/Format_%%% 20richiesta_ 20quesiti_giuridici.pdf .

The relevance is determined on the basis of four criteria: the significance of the issue, by a social point of view, its economic importance, it is new to the right (in the sense that there is no discipline), and its urgency to be justified.

We must consider the fact that the opinion is optional and that if that is issued, it is not binding, despite the rule as defined by the "legal . Therefore, there is a fifth criterion to consider: the legal aspect of the matter.

then try to understand the spirit of this new regulation: the assumption that a dispute arises as part of a contractual procedure for public works, services and supply and that this dispute concerns matters not normed ( then free), but that may have economic importance and social significance and there is a need for the dispute as soon as possible terms, precisely because of the economic and social consequences that may result, the Authority may issue an opinion.

I think a missing piece, the Regulations : as indicated in the same art. 6 of Legislative Decree 12 April 2006, No 163, paragraph 7 and the same, this time, the letter f) that the Authority may make proposals to the Government in order to changes needed in relation to the legislation governing public works contracts, services, supplies, and then missing the step that once the Authority has expressed an opinion, it is the same submitted to the Government for a revision of this Act.

Otherwise, there is a risk that he had given no clear situations of standards, the lack of freedom that occurs for some, but not for others, in contrast with the principle of impartiality that should characterize public action .